1955-HKRS30-8-45_Part01 — Page 31

Application

to be re- ferred to

The Registrar of Companies shall refer such application and affidavit to the Committee and shall furnish all such documents Committee. relating to the application as may have been received by him.

Registrar 5. Before referring the application to the Committee the may require further Registrar of Companies may require the complainant to furnish particulara. such further information and documents relating to the application

as he thinks fit.

Powers of Committee to dismiss

un applica-

tion.

Notice of hearing of application.

Parties

to supply secretary and each other with list of documents

relied upon. Schedule. Forms II

and IV.

Inspection of listed documents.

6. If the Committee is of the opinion that an allegation made under the provisions of paragraph (a) or (b) of subsection (2) of section 1318 of the Ordinance is not well founded or in the case of an allegation made under the provisions of paragraph (c) of the said subsection of section 131B is not made in good faith, the Committee may dismiss the application without requiring the auditor concerned to answer the allegation. If required so to do, either by the complainant or the auditor, the Committee shall make a formal order dismissing such application.

Where an inquiry under subsection (6) of section tạiB is to be held, the Boad shall fix a day for the hearing and the secretary shall serve notice thereof on the complainant and on the auditor concerned. There shall be at least twenty-one days between the service of any such notice and the day fixed therein for the bearing.

8. The notice of hearing shall be in Form III or IV in the Schedule, and shall require the complainant and the auditor respectively to furnish to the secretary and to each other a list of all documents relied upon in support of the allegation or in answer thereto as the case may be. Such lists shall, unless other- wise ordered by the Board, be furnished by the complainant and by the auditor respectively at least fourteen days before the day of hearing.

9. Either party may inspect the documents included in the list furnished by the other; and a copy of any document mentioned in the list of either party shall, on the request in writing and at the expense of the party requiring it, be furnished to that party by the other party within three days after receipt of such written request.

10. The complainant and the auditor concerned shall be Appearance

and repre- entitled to appear and be represented by counsel or salicitor at

sentation the hearing:

by a legal practi- tioner,

Provided that if the complainant or the auditor concerned intends to be so represented, not less than seven days' notice in writing of such intention shall be given to the secretary.

tion of

ant.

11. At the hearing, the complainant or his legal representa- Presenta- tive, or in accordance with the proviso contained in subsection (3) case for of section 13:D of the Ordinance the Legal Adviser, shall present complain- the case to the Board and shall submit any evidence in support of the application, and the auditor concerned or his legal represen- tative shall be entitled to cross-examine the complainant or any witness appearing against him on matters relevant to the applica- tion.

12. When the presentation of the case by the complainant Presenta

tion of case or his legal representative or the Legal Adviser, as the case may for the be, and the evidence in support thereof is concluded, the auditor auditor. concerned or his representative shall be invited by the Chairman of the Board to present his case and call witnesses in answer to the allegation of the complainant and address the Board, and the complainant or his legal representative or the Legal Adviser, as the case may be, shall be entitled to cross-examine the auditor concerned or any witness tendered in answer to the allegation and then to reply upon the whole case.

tion of case

13. If either party fails to appear at the hearing, either Determina- personally or by counsel or solicitor, the Board may upon proof in absence of service of the notice of hearing proceed to hear and determine of either

party. the case in his absence.

of the

14. Upon the conclusion of the hearing, the Board shall Findings consider the relevant evidence, both oral and written, and either and order pronounce its findings and order forthwith or at a subsequent Board, hearing.

15. If the findings and order of the Board are not pronounced Notice to on the day of the hearing, the secretary shall give notice to the parties. parties of the date of hearing when the findings und order will be prunounced.